Simpson Ellaby of Goadby Marwood 1873 Will

Leicestershire, Leicester and Rutland Archives DE 462/16 page 444

This is the last Will and Testament of me Simpson Ellaby of Goadby Lodge in the County of Leicester Farmer

I give to Betsey Cowlishaw the Sister of my Wife Mary Ellaby an annuity of twenty pounds commencing from the day of my death and to be paid by equal half yearly payments

I devise and bequeath all my real and personal estate to my said Wife Mary Ellaby during her natural life and I direct that she shall pay thereout my debts funeral and testamentary expenses and the said annuity and that she shall be at liberty to use and enjoy my said real and personal estate in any way she thinks fit and to carry on my farming business and after her death I devise and bequeath my said real and personal estate (subject nevertheless to the payment of the said annuity) to my Trustees Daniel John Barker of Holwell Farmer and Josiah Gill of Melton Mowbray Chemist their heirs executors administrators and assigns Upon trust to sell and convert the same into money and (after paying or providing for the said annuity) to divide the net monies arising from my said real and personal estate equally between such of my said Wife’s four children (namely) Mary Ann Gardner Gill Daniel John Barker John Gardner Barker and Julia Ann Westerdale as shall be living at the time of the death of the survivor of me and my said Wife

But if any of my said Wife’s children shall die before the death of the survivor of me and my said Wife and shall leave a child or children then living such last mentioned child or children shall take (and if more than one equally between them) the share which his her or their parent would have taken under this my Will if such parent had survived me and my said Wife

And I appoint my said Wife Mary Ellaby sole Executrix of this my Will

I devise all estates vested in me upon any trust or by way of mortgage to the said Daniel John Barker and Josiah Gill subject to the trusts and equities affecting the same

Witness my hand this third day of May 1873

                                                                                                                Simpson Ellaby

Signed by the said Testator Simpson Ellaby as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses

Sarah Underwood Servant to Mr Ellaby

J Paddison Solicitor Melton Mowbray

This is Codicil to the above written Will of me the above named Simpson Ellaby

I direct that the shares which the daughters of my wife will take under my said Will shall be held by my Trustees Upon trust for the sole and separate use of such daughters respectively free from the control of their respective husbands and shall from time to time be paid or disposed of as they shall respectively direct

Witness my hand this third day of May 1873

                                                                                                                Simpson Ellaby

Signed by the said Simpson Ellaby as and for a Codicil to his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our Names as Witnesses

Sarah Underwood

J Paddison

Proved at Leicester with a Codicil the fifteenth day of July 1873 by the Oath of Mary Ellaby Widow the Relict of the deceased the Sole Executrix named in the Will to whom Administration was granted

The Testator Simpson Ellaby was late of Goadby Lodge in the parish of Goadby Marwood in the County of Leicester Farmer and died on the tenth day of May 1873 at Goadby Lodge aforesaid

Under £1,000